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    • Hi,  I guess the DCAs have come out of hibernation as my friend has had a Claim Form today.  Honestly I feel like I have addressed this one but she can't find the folder box I gave her to keep all this nonsense in, but then the claim form has no information you could realistically use to find out what its from anyway(JD has a few names under their umbrella and she has had accounts with most of them over the years, some repeatedly as they keep lending to someone with no income.  Its ok at the start when its only a little bit but they rapidly put it up and up until she owes in the high hundreds/low thousands instead of the £150 she is initially given, she always intends to keep it in good standing but there is a massive difference between paying £20 a month and over £100) and the usual poor grammar that should be an embarrassment to any normal legal firm, but I suppose these people have no shame.   Anyway, I assume its the same respond for more time and send off a CPR and CCA?   Name of the Claimant ?   Cabot Financial Date of issue – top right hand corner of the claim form – this in order to establish the time line you need to adhere to. 22/02/2021   Particulars of Claim   What is the claim for – the reason they have issued the claim?  By an Agreement between JD Williams Ltd RE Jacamo & the defendant dated XX ('the agreement') JD Williams Ltd RE Jacamo agreed to issue the Defendant with a credit account.  The Defendant failed to make the minimum payments due.  The Agreement was terminated following the service of a default notice.  The agreement was assigned to the Claimant.  THE CLAIMANT THEREFOR CLAIMS 1.8XX.XX 2. costs   What is the total value of the claim? £8XX.XX    Have you received prior notice of a claim being issued pursuant to paragraph 3 of the PAPDC (Pre Action Protocol) ? No   Have you changed your address since the time at which the debt referred to in the claim was allegedly incurred? Yes   Did you inform the claimant of your change of address? No Is the claim for - a Bank Account (Overdraft) or credit card or loan or catalogue or mobile phone account? Catalogue   When did you enter into the original agreement before or after April 2007 ? After   Do you recall how you entered into the agreement...On line /In branch/By post ? Online   Is the debt showing on your credit reference files (Experian/Equifax /Etc...) ? Yes   Has the claim been issued by the original creditor or was the account assigned and it is the Debt purchaser who has issued the claim. Debt Purchaser   Were you aware the account had been assigned – did you receive a Notice of Assignment? Possibly, she was(and is) very poor at keeping and responding to correspondence.     Did you receive a Default Notice from the original creditor? Possibly, she was(and is) very poor at keeping and responding to correspondence.   Have you been receiving statutory notices headed “Notice of Sums in Arrears”  or " Notice of Arrears "– at least once a year ? Possibly, she was(and is) very poor at keeping and responding to correspondence.   Why did you cease payments? More than she could afford.     What was the date of your last payment? No Idea as we do not not which account it is for.     Was there a dispute with the original creditor that remains unresolved? No   Did you communicate any financial problems to the original creditor and make any attempt to enter into a debt management plan? Possibly but can't say for sure.    
    • Thank you Andy/Dx   UPDATED Defence, 3 days remaining.   Not sure where to mention invalid PAP. I put it under number 5. Please check if this is good to go.   Defence   The Defendant contends that the particulars of claims are vague and generic in nature. The Defendant accordingly sets out its case below and relies on CPR r 16.5 (3) in relation to any allegation to which a specific response has not been made.   The Claimant has not complied with paragraph 3 of the PAPDC (Pre Action Protocol) – failed to serve a letter of claim pre-claim pursuant to PAPDC changes of the 1st October 2017. It is respectfully requested that the court take this into consideration pursuant to 7.1 PAPDC.   1. I have in the past had financial dealings with Lloyds Banking Group. I do not recall the precise details of the agreement and have sought clarity from the claimant.   2. However, I do not recall ever receiving a Default Notice pursuant to sec 87(1) CCA1974.   3. I do not recall ever receiving this notice pursuant to sec136 of the Law of Property Act 1925.   4. I do not recall ever receiving a letter of assignment from the Lloyds Banking group advising the debt was assigned to the claimant.   5. Claimant served the invalid PAP with no connection to their court claim,   6. On receipt of this claim I sent CPR 31.14 and section 77 request. The claimant failed to provide a valid copy of the agreement and therefore remains in default of said request.   7. It is therefore not accepted with regards to the Defendant owing any monies to the Claimant and the Claimant is put to strict proof to:-   a) show how the Defendant has entered into an agreement; and b) show how the Defendant has reached the amount claimed for; and c) Show or evidence service of a Default Notice/Notice of Sums in Arrears, d) show how the Claimant has the legal right, either under statute or equity to issue a claim;   By reasons of the facts and matters set out above, it is denied that the Claimant is entitled to the relief claimed or any relief.      
    • no.   i wonder if the OP is entitled to CTAX benefit, thats only available from the relevant council...most on UC can get it..   but your MP is by far the most successful route to sorting these issues we've seen here to work.
    • dx100uk  unclebulgaria67   OP is on UC.   Could the council apply for weekly amounts to be deducted from UC claim ?
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    • I sent in the bailiffs to the BBC. They collected £350. It made me smile.
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    • Hi @BankFodder
      Sorry for only updating you now, but after your guidance with submitting the claim it was pretty straight forward and I didn't want to unnecessarily waste your time. Especially with this guide you wrote here, so many thanks for that
      So I issued the claim on day 15 and they requested more time to respond.
      They took until the last day to respond and denied the claim, unsurprisingly saying my contract was with Packlink and not with them.
       
      I opted for mediation, and it played out very similarly to other people's experiences.
       
      In the first call I outlined my case, and I referred to the Contracts (Rights of Third Parties) Act 1999 as the reason to why I do in fact have a contract with them. 
       
      In the second call the mediator came back with an offer of the full amount of the phone and postage £146.93, but not the court costs. I said I was not willing to accept this and the mediator came across as a bit irritated that I would not accept this and said I should be flexible. I insisted that the law was on my side and I was willing to take them to court. The mediator went back to Hermes with what I said.
       
      In the third call the mediator said that they would offer the full amount. However, he said that Hermes still thought that I should have taken the case against Packlink instead, and that they would try to recover the court costs themselves from Packlink.
       
      To be fair to them, if Packlink wasn't based in Spain I would've made the claim against them instead. But since they are overseas and the law lets me take action against Hermes directly, it's the best way of trying to recover the money.
       
      So this is a great win. Thank you so much for your help and all of the resources available on this site. It has helped me so much especially as someone who does not know anything about making money claims.
       
      Many thanks, stay safe and have a good Christmas!
       
       
        • Thanks
    • Hermes and mediation hints. https://www.consumeractiongroup.co.uk/topic/428981-hermes-and-mediation-hints/&do=findComment&comment=5080003
      • 1 reply
    • Natwest Bank Transfer Fraud Call HMRC Please help. https://www.consumeractiongroup.co.uk/topic/428951-natwest-bank-transfer-fraud-call-hmrc-please-help/&do=findComment&comment=5079786
      • 33 replies

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I had the misfortune of the local bailiff from Rossendale CB appearing on the doorstep with exorbitant demands for over £200 in addition to the NE Lincolnshire Council Council tax debt. The Bailiff, (edit),threatened me that he "will have ten big blokes sat outside your house tomorrow at dawn to break in and clear your house" , he threatened my wife that she would end up in prison were the debt not paid . Also he said he would be coming back with the Police to force entry and take the goods for the outstanding debt.

 

Unbelievably grotesque and bullying behavior.

These people have to be stopped and quickly.

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That is disgusting. Please tell me he never took one step inside your house?

 

And if I were you, I would not only be reporting him to his employers and the council, but I would also be reporting him to the police. I am serious there as well.

Please note that I am not a legal expert and all advice given is without prejudice and is purely my opinion only.

 

** Nationwide - £1821.15-PAID IN FULL - Aug 06 **

** Halifax Mortgage -£390 - PAID IN FULL - Nov 06 **

Lloyds TSB - MCOL issued 09/03/07 - £2953 + costs - ON HOLD....

 

 

 

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Thats trying to extract money with menaces if you ask me and saying 10 blokes will be outside your house tomorrow could also be construed as a threat or possibly even Blackmail TBH.

 

I would make all the complaints to the usual places and also call the police and tell them they have threatened to turn up with 10 big men and you are scared for your safety and want it logged, then if they do turn up (they wont with 10 men anyway) when they start harassing you call the police back and tell them you're being harassed (or if the bailiff starts mooching about trying to get into the garden tell them someone is trying to break in to your house).

 

I wonder if a bailiff threatens you like that if you could get a restraining order against one hehehehe wouldnt that be great :)

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  • 1 year later...

I know this thread is over 12 months old but still very interesting. A friend of mine purchased a house for cash in Oct 2005. For the past 6 months he has been harrassed by Rossendale Bully Boys who say it is a council house and he owes rent from April 2005. Even the police acknowledge they get a lot of complaints about Rossendales tactics. He was so frightened late one night he finished up in the local A&E with a suspected heart attack. A Community Officer has been with my friend to the council to tell them to call off the dogs & show them the deeds etc. but still Rossendales harrass him.

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Anthrax alert at debt collectors caused by box of doughnuts

 

Make sure you do not post anything which identifies you. Although we can remove certain things from the site unless it's done in a timely manner everything you post will appear in Google cache & we do not have any control over that.

 

Vir prudens non contra ventum mingit

 

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Tell your friend to go to the local county court and seek their advice. All Rossendale bullies are licensed by a county court and any misbehaviour should be reported to them. You could also ask the court staff about an injunction against Rossendales although that might be better asked of at the CAB.

 

In the meantime tell your mate to write to the council and get a letter from them confirming the matter is closed as far as they are concerned. If Rossendales continue to harrass and badger your friend remind the council that these scumbags are acting on their behalf and you will be complaining to everyone about Rossendales and them.

 

Your friend shouldn't be afraid to call in his own heavy mob, local papers, radio and tv, and embarrass the council with the actions of their agents.

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Thanks to both of you who replied. To be honest I am fed up giving him advice because he never acts on anything. (Even his solicitor gave up on him over an issue with an ex-employer). I was trying not to get too involved but I know someone in the legal dept. at the council so I may well try to have a private chat with him. I'll put another post with the outcome.

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  • 4 months later...

hi everybody,

 

rossendales sent me a letter, threatening removal of goods. it is for council tax dating back to 2006/07.

 

can they actually remove any goods?

 

please advise, thanks in advance.

 

hk

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Thread moved to Bailiffs Forum.

HAVE YOU BEEN TREATED UNFAIRLY BY CREDITORS OR DCA's?

 

BEWARE OF CLAIMS MANAGEMENT COMPANIES OFFERING TO WRITE OFF YOUR DEBTS.

 

 

Please note opinions given by rory32 are offered informally as a lay-person in good faith based on personal experience. For legal advice, you must always consult a registered and insured lawyer.

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  • 3 months later...

I am currently being threatened by ROSSENDALES and I am absolutely disgusted yet again by the laws in our country. You actually have no right to try to stop threats and pyshical harm being attempted by bailiffs. All they say is complain to the bailiffs themselves HAHAHAHA like that works then complain to the council who do f*** all as they think you will magically find money you don't have to begin paying council tax. GATESHEAD COUNCIL employs ROSSENDALES who are little more than glorified loan sharks and thugs who threaten, bully, harress, intimidate and have attempted actual pyshical bodily harm against myself. They have also threatened to cause criminal damage to my property. My flat is privately rented. The routes for complaining about bailiffs are also pathetic. Complaining via goverment associations who take complaints in writing and do nothing.

 

I have been pyshically threatened by bailiffs acting for ROSSENDALES on a number of occasions. They actually tried to force their way through my door and punch me in the face as I was entering my flat. They have threatened me with the illegal use of a locksmith. They cannot attend my property with a locksmith even with the police as they have never ever ever set foot inside my property and they never will. If they attend my property even with a locksmith and the police being present I can still ring the police and have them arrested for illegal tresspassing, breaking and entering and criminal damage I think? Is that right? Also they have absolutely no right what so ever to attempt to break into my home unless they have previously been allowed into my home. That is correct yes? The only reason they are attempting to illegally enter my property in this manner is to try to gain an illegal levy of my propertys contents? Am I correct? They are trying to gain the illegal right to force entry into my property to try to force through other actions I think? I would think they are also mis representing their powers here? ROSSENDALES have threatened to camp outside my door and force their way into my home. They have threatened to arrest me which they have absolutely no powers what so ever to do. They have threatened to take my landlords furniture even though my flat is rented fully furnished and they can't take this at all. They have threatened to kidnap my cat and hold him to ransom to try to make me pay them. This is laughable. They simply cannot take or harm any of my pets or hold them to ransom. They have threatened my landlord. They have threatened to take him to court which they can't do as I am his tenant. He has been threatened to pay this debt which he doesn't owe. I cannot afford to make full council tax payments each month so I need to get them to accept less payments. ROSSENDALES have also threatened to enter my home via windows securely locked with locks. I need to put a stop to this thugs now. HELP. Can I get an order of protection from a court against them?

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  • 3 months later...

This behaviour is discusting. Many years ago i used to work for this company and due to its unregulated bad behaviour i left and began working for Her Majesty's Courts Service. I am now a bailiff manager at a major court and can assure you that a bailiff cannot force entry without a specific court order, the fees relating to council tax are set and not variable and all bailiffs levying distress for council tax must be certified and are regulated by county court rules. If you ask to see their general certificate they must show you. From this you can see what county court has given them authority to levy and all complaints must be made to this court. A £10,000 bond must be held with the court for the certificate to be granted. If the judge decides to grant compensation for incorrect behaviour it will be paid from this bond.

 

For all reading this do not confuse certificated bailiffs with county court bailiffs. When a county court bailiff has a warrant to repossess a property they can force entry and if need be use force to evict you. If you are faced with repossession please seek proper legal advice and don't just attempt to refuse the bailiff entry. It will not work, it is an offence for which you can be imprisond for.

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For all reading this do not confuse certificated bailiffs with county court bailiffs. When a county court bailiff has a warrant to repossess a property they can force entry and if need be use force to evict you. If you are faced with repossession please seek proper legal advice and don't just attempt to refuse the bailiff entry. It will not work, it is an offence for which you can be imprisond for.

 

Yes, but this thread is about council tax debts and you can't be evicted for that!

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This behaviour is discusting. Many years ago i used to work for this company and due to its unregulated bad behaviour i left and began working for Her Majesty's Courts Service. I am now a bailiff manager at a major court and can assure you that a bailiff cannot force entry without a specific court order, the fees relating to council tax are set and not variable and all bailiffs levying distress for council tax must be certified and are regulated by county court rules. If you ask to see their general certificate they must show you. From this you can see what county court has given them authority to levy and all complaints must be made to this court. A £10,000 bond must be held with the court for the certificate to be granted. If the judge decides to grant compensation for incorrect behaviour it will be paid from this bond.

 

For all reading this do not confuse certificated bailiffs with county court bailiffs. When a county court bailiff has a warrant to repossess a property they can force entry and if need be use force to evict you. If you are faced with repossession please seek proper legal advice and don't just attempt to refuse the bailiff entry. It will not work, it is an offence for which you can be imprisond for.

 

I'd like to ask the Court Manager a question ..... which will help in research into a case which appeared in my local paper (I'll try to find a link).

 

What should bailiffs do if they arrive (to enfore eviction) and find the person clearly distressed - possibly through drink or drugs - but obviously not in a state of comprehension) ?

 

A recent case saw a woman evicted - and she tried to comit suicide later that day and was detained by the police (under the Mental Health Act).

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My property is private rented and it does not belong to me. They CANNOT reposs it all as I am not the properties owner. My landord is and he doesn't owe council tax debts on this property.

For all reading this do not confuse certificated bailiffs with county court bailiffs. When a county court bailiff has a warrant to repossess a property they can force entry and if need be use force to evict you. If you are faced with repossession please seek proper legal advice and don't just attempt to refuse the bailiff entry. It will not work, it is an offence for which you can be imprisond for.

 

I do not think they can force entry here at all as this flat is private rented. Not one thing in the property with the exception of clothes belongs to me. My flat is rented fully furnished. It is not legal for them to remove property belonging to a person who owes them no debt. The possesions they would attempt ro remove are the exclusive property of my landlord. They have no rights to them. I therefore doubt that they would be successful in getting an order to enter my flat as they would be committing burgarly and they would have to return all possesions to my landlord or compensate him in full. However they certainly cannot repossess my property and I don't think they can evict me either as I don't own my property so it my home has no value they can use to pay my debts. I am once more completely, utterly and totally digusted by this goverment we have in power. We should NOT have to pay council tax at all. I am far to poor to be able to pay it. Most of my money goes on my rent. I do not have enough left to pay all of my bills nevermind wasting money paying the most useless organisation in my area the council. They empty my bin once a month and take my recycling when I remember to put it out. I have to pay them over £1000 a year for that? The councils are granted far to much power which they CERTAINLY SHOULD NOT have to threaten, harress and destroy extremely poor hard working people like myself who simply cannot afford to pay council tax. The actions of local councils are similiarly disgusting. They know people in my positin simply cannot afford to pay council tax and they have options to arrange lowers payments. They know what the goverment refuses to acknowledge or understand. People generally don't pay council tax because they simply can't afford it. Most people don't pay it because they don't want to. They are simply fincailly unable to afford it. I doubt that they would try to evict me by force from a private rented property due to poverty. I pay what I am able to. I can do more than that. I cannot give them what I don't have. It is very unlikely that they would try to imprison me for that. Meanwhile David Cameron spends £21k a week on a yacht holiday payed for with tax payers money. That is the UK goverment for you. I do not know why people continue to vote for labour. Between idiotic left wing do gooders saying it is racist to describe your black pet cat as being black in colour and council tax they are well on the way to destroying this country

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my landlord houses asylum seekers. They have over £500 a year spent on them for their rent and council tax. This is a disgrace when you consider that there are many very poor hard working people like myself who struggle everyday and get no help at all. We also get harressed, threatened and bullied to pay council tax we cannot afford

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  • 1 year later...

i have had similar experinces with these 'people'. They are bullies basically,and their threatening and intimidating behavior should be stopped as soon as possible. I owed a total of £280.00 in council tax which i was more than happy to pay,and i filled in the form they gave me listing my living expenses in order to come to a repayment scheme. To cut a long story short- they claimed they had never received this form ( i beleive this to be a downright lie), and that i now owed them £556.00,including £170.00 for the hire of a van to remove my goods. Now,they rang me and threatened to come round to my house, with a locksmith in order to break the locks, and remove my goods. I told them i had sent in the required form weeks ago, and that i was not trying to evade payment, and could they send me a new form. The guy was incredibly rude, arrogant,and threatening. I asked to speak to someone else, but he said they would just pass me back to himself,and that if i didn't pay immediately then he was sitting in the van and would go straight round to my house and basically break in. These people are basically thugs and should be called to account. The funny thing is- if you go on their website, they have apparantly won some business award in the North West recently. I had to laugh at that i have to say.

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we have just had a visit from rossendales to say that instalments are not possible on £2443.67 and we have two weeks to find the money or they will remove goods even in our absence. We offered him installments and he refused saying we had not filled out a means form that we had sent back.

we do not have the money and can only pay by installments. Would making online payments to the council help? I must add this is for council tax debts. what on earth can i do?:Cry:

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From my recent experiences and trials and tribulations with the delightful award winning Rossendales, makign some payment to the council at least proves you are willing to pay should it be returned to the court (ie it can't be disputed you are not willing if payments are made). I've not actually got anywhere as yet, but I wrote out a full payment plan and posted it recorded delivery (its important so you can prove you sent something you can also print the signature of the person who recieved your letter as proof as well ;) ).

 

Don't let them in your house, everyone will tell you this, don' t park your car at your house (I've an issue am trying to resolve over my landlords car being parked outside whilst he's in cyprus). Don' t talk to them on the phone without recording the conversation, I personally have chosen not to speak to them at all as I find it too upsetting and the arrogant lady bailiff that visits is very off hand. This is to the point of on the one phonecall I did have with her, she shouted over me, even though I was asking her to speak clearer as I couldn't hear/understand what she was saying. I assume she thought I was giving xyz excuse at that point and told me it was her that was doing the talking, but I re-iterated I couldn't hear (have a thyroid problem that affects my ears) and that she would need to speak with more clarity. Not that it got her anywhere. Keep it in writing, it means you get written evidence (without having to record anything) and can like me combine all this paperwork to add to your case. I've sent I think 4 letters in the two weeks since my ordeal started stating I am willing to pay, that an initial payment has been made, etc. I've saved a copy for myself, sent one to the council and one to the mp as well as of course Rossendales copy.

 

I've written to my local MP, as a single parent Rossendales have had me absolutely in fear of leaving and entering my home. Its so ridiculous that someone can be employed to do such. There is no comprehension in those that want to get the bailiffs away from harrassing them by making some payment however small, to those who choose outright not to pay.

 

Hope my mumblings help, I guess better details of what I've done are in my own post about this, maybes read and see if my ramblings help ?

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  • 2 months later...

In Oct this year i had a letter off Rossendales aksing for unpaid coucil tax.

Earlier in the year i had lost my job, so i was struggling too pay.

I made an offer off £100 a month too clear my debt off £900.

This was rejected by Rossendales who wanted full payment or goods would be seized from my home.

I actually had made 3 payments totally £450 before the knock at the door came from a Jason Shaw who works for Rossendales.

He spoke too my partner and threatend her with actual violence.

When i arrived home i call this Jason Shaw and asked why he would use thretening behaviour.

His reply was ( were is my fuc.....king money)

He then said he was going too arrive at my house in the morning too seize goods.

I said ok (i will be here waiting for you)

He knocked at the door in the morning as he said and i opended the door and asked my partner too lock the door behind me.

He then said i want my fuc...king money (or else)

I laughed at this guy and called him a muppet if he thought he was going too get past me and into my house.

I turned away and he grabbed me from behind and swung a punch at me..

##### SHOCK HORROR######

I turned around shocked and stunned by what he had done.

I pushed him over onto the floor and told him too do one or i would give him a good kicking.

 

He then returned with the police and had me arrested for assult..

#####CANT BELEIVE THIS#####

 

Ive attended Rawtenstall court last week and pleaded not guilty too assault.

In court again on 3rf Feb 2010 for trial.

Im really hoping that someone else has come accross Rossendales with ther agressive manor who could maybe give evidence in court for me.

No one seems too beleive me what they are getting away with.

 

######HELP########

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sorry for your troubles unfortunatly ive never come accross him and i hope it goes ok for you

 

I did a check and cant find him but this registar is not up to date

 

www.hmcourts-service.gov.uk/CertificatedBailiffs/

 

 

phone Ministry of Justice Public Register of Bailiffs on 020 3334 6355 to confirm

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  • 1 month later...

This is not a professional company, it hires people which are not only rude and don't follow the law when their employees (which not all of them are certificated) are collecting debts, they would rob pensioners out of their life saving.

 

Bexley Times - Bailiff admits to £20,000 theft from pensioner

 

One word, ****!

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This is not a professional company, it hires people which are not only rude and don't follow the law when their employees (which not all of them are certificated) are collecting debts, they would rob pensioners out of their life saving.

 

Bexley Times - Bailiff admits to £20,000 theft from pensioner

 

One word, ****!

I started a thread about this i was so shocked by this that i couldn't find the words to make a comment

 

http://www.consumeractiongroup.co.uk/forum/bailiffs-sheriff-officers/241221-bailiff-admits-20-000-a.html

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